The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abeler

Dibble

Hilstrom

Leighton

Otremba

Stanek

Abrams

Dorman

Hilty

Lenczewski

Ozment

Stang

Anderson, B.

Dorn

Holberg

Leppik

Paulsen

Swapinski

Anderson, I.

Eastlund

Holsten

Lieder

Pawlenty

Swenson

Bakk

Entenza

Howes

Lindner

Paymar

Sykora

Bernardy

Erhardt

Huntley

Lipman

Pelowski

Thompson

Biernat

Erickson

Jacobson

Mahoney

Penas

Tingelstad

Bishop

Evans

Jaros

Mares

Peterson

Tuma

Blaine

Finseth

Jennings

Mariani

Pugh

Vandeveer

Boudreau

Folliard

Johnson, R.

Marko

Rhodes

Wagenius

Bradley

Fuller

Johnson, S.

Marquart

Rifenberg

Walker

Buesgens

Gerlach

Juhnke

McGuire

Rukavina

Walz

Carlson

Gleason

Kahn

Milbert

Ruth

Wasiluk

Cassell

Goodno

Kalis

Molnau

Schumacher

Westerberg

Clark, J.

Goodwin

Kelliher

Mulder

Seagren

Westrom

Clark, K.

Gray

Kielkucki

Mullery

Seifert

Wilkin

Daggett

Greiling

Knoblach

Murphy

Sertich

Winter

Davids

Gunther

Koskinen

Nornes

Skoe

Wolf

Davnie

Haas

Krinkie

Olson

Skoglund

Workman

Dawkins

Hackbarth

Kubly

Opatz

Slawik

Spk. Sviggum

Dehler

Harder

Kuisle

Osskopp

Smith

Dempsey

Hausman

Larson

Osthoff

Solberg

A quorum was present.

Johnson, J.; McElroy and Ness were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Johnson, S., moved that further
reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion
prevailed.

Journal of the House - 76th Day - Thursday,
February 28, 2002 - Top of Page 6608

PETITIONS AND COMMUNICATIONS

The following communication was received:

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Don Samuelson

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2002 Session of the State Legislature have
been received from the Office of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2002 2002

58 221 2:26 p.m. February 27 February 27

2655 219 2:27 p.m. February 27 February 27

3207 Resolution No. 7 2:25 p.m. February 27 February 27

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 643, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to
article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing
penalties; amending Minnesota Statutes 2000, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 3B.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

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6609

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

Subd. 3. [ALL-TERRAIN VEHICLE TRAVEL WITHIN DESIGNATED WILDLIFE MANAGEMENT
AREAS.] (a) On lands acquired by the state under chapter 84A that are designated after January 1, 1986, as wildlife
management areas, the commissioner shall, by January 15, 20032004, identify
and, designate corridor, and sign atleast 90 miles of trails, not
including public roads that aremaintained and open to travel by other noncommercial vehicles, in
corridors of disturbance that:

(1) the commissioner determines are appropriate to connect trails, forest roads established under section
89.71, subdivision 1, and public highways to provide reasonable travel for all-terrain vehicles; or

(2) are areas of historic all-terrain vehicle use,including trails that end within a wildlife management
area. The existing west access road to the Moose River dike shall be adesignated all-terrain vehicle trail
and shall be included inmeeting the required miles of trails specified in thissubdivision.

The designated trails must be either within or contiguousto the wildlife management areas.
The commissioner shall consult with wildlife management area users, including both motorized and nonmotorized
trail users, in identifying and designating corridor trails under this paragraph. Corridor Trail
establishment must be in compliance with other state and federal law. Local governments and other trail sponsors
may propose the designation of corridor trails, including the designation as a grant-in-aid trail for the
purposes of funding under section 84.927, subdivision 2.

(b) The following forest roads shall be open to travel by all-terrain vehicles when the roads are open to other
noncommercial vehicles:

(1) the Rapid River forest road, beginning at the west boundary of the Red Lake wildlife management area at the
southwest corner of Section 7, Township 156 North, Range 35 West, Beltrami county, thence in an easterly and
northeasterly direction through the Red Lake wildlife management area to the east boundary of the Red Lake wildlife
management area at the southwest corner of Section 7, Township 157 North, Range 33 West, Lake of the Woods
county;

(2) the Blanchard forest road, beginning at the junction of the North Shore Road along the northern shore of
Upper Red Lake and the Blanchard state forest road at the west section line of Section 30, Township 155 North,
Range 31 West, Beltrami county, thence in a westerly direction to the west section line of Section 31, Township 155
North, Range 32 West; and

(3) the Moose River forest road, beginning at the junction of Dick's Parkway state forest road and the Moose River
state forest road at the southwest corner of Section 31, Township 36 West, Range 158 North, thence in a westerly
direction along the Moose River state forest road to the junction of Beltrami county road 706.

(c) The commissioner shall sign each road and trail designated under this subdivision indicating the motorized
uses allowed.

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(d) During the regular firearms deer season, on allwildlife management area lands within the area
described inparagraph (e), a person licensed to take deer may operate anall-terrain vehicle:

(1) before legal shooting hours;

(2) after legal shooting hours; and

(3) from 11:00 a.m. to 2:00 p.m.

(e) Paragraph (d) applies from where state highway No. 1intersects the west boundary of the Red
Lake Indian Reservation,then West to state highway No. 219, then North on state highwayNo.
219 to state highway No. 89, then North on state highway No.89 to county highway No. 6, then East on
county highway No. 6 tocounty highway No. 54 and county highway No. 1(Beltrami/Marshall
county line) then North along theBeltrami/Marshall county line to Roseau county line, then Easton Beltrami/Roseau county line to Dick's Parkway, then South onDick's Parkway to county road No.
704, Beltrami county, thenSouth to county state-aid highway No. 44 to Fourtown, then Southon
state highway No. 89 to the North boundary of the Red LakeIndian Reservation, then West and South
following the boundaryof the Red Lake Indian Reservation to where it intersects statehighway
No. 1.

(d)(f) For the purposes of this subdivision, "corridors of disturbance" means rights-of-way such
as ditches, ditch banks, transmission lines, pipelines, permanent roads, winter roads, and recreational trails. The
existence of a corridor of disturbance eligible for corridor designation may be demonstrated by physical evidence,
document recorded in the office of the county recorder or other public official, aerial survey, or other evidence similar
to the above. Cross-country motorized use of land shall not cause that land to be considered a corridor of
disturbance.

(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and
penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special
revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the construction and operation
of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty
for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the project received the conditional
commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs
incurred by the department of revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed
on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state
treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by
section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

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6611

(d) The commissioner shall deposit the revenues, including interest and penalties, collected under section
297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the
commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected
under section 297A.64, subdivision 5, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal yearsyear 2002 and 2003and
thereafter, 87 percent; and for fiscal year 2004 and thereafter, 88.5 percent of the revenues, including
interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the
commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund,
and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including
conservation, restoration, and enhancement of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state
parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on
metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local
trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the
Minnesota zoological garden, the Como park zoo and conservatory, and the Duluth zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute for traditional sources of funding
for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those
purposes. Land acquired with money deposited in the game and fish fund under paragraph (e) must be open to
public hunting and fishing during the open season, except that in aquatic management areas or on lands where
angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may
be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement,
or protection of fish and wildlife resources under paragraph (e) must be allocated for field operations.

Sec. 3. [ADDITIONS TO STATE WILDLIFE MANAGEMENT AREAS INCLUDED IN 1991
COMMISSIONER'S ORDERS.]

(2) all of Section 4; all of Section 5; all of Section 6;all of Section 7; all of Section 8; all of Section
9; all ofSection 16; all of Section 17; all of Section 18; all of Section19; N1/2 and SE1/4 of
Section 20; all of Section 21; all ofSection 28; all of Section 29; all of Section 30; all of Section31;
all of Section 32; all of Section 33; all in Township 157North, Range 37 West;

(1) Lot 1, Lot 2, and S1/2-NW1/4 of Section 5; Lot 2,S1/2-NE1/4, all that part of Lot 3,
SE1/4-NW1/4, and NE1/4-SW1/4except the land described in commissioner's order filed forrecord in Book 241 Miscellaneous, page 365, as document 141104,Lot 4, Lot 5, and Lot 6, of Section
6; all in Township 162North, Range 35 West;

(4) Lot 3, Lot 4, S1/2-NW1/4, and NW1/4-SE1/4 of Section 1;N1/2-SE1/4 of Section 2;
NE1/4-SE1/4 of Section 5; W1/2 ofSection 11; N1/2-NW1/4, SW1/4-NW1/4, and NW1/4-SW1/4 of
Section14; E1/2-NW1/4 and NE1/4-SE1/4 of Section 15; NW1/4 of Section17; SE1/4-SW1/4,
NE1/4-SE1/4, and S1/2-SE1/4 of Section 20;S1/2-NW1/4, NW1/4-SW1/4, and SE1/4 of Section 21; W1/2
ofSection 22; all that part of N1/2-SE1/4 except the 3.12 acresdescribed in the final certificate
recorded in Book Y ofMiscellaneous Records on page 331 as document

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6616

179879, of Section 24; NW1/4-NW1/4 except the 2.89 acres described in the finalcertificate
recorded as document 175751 on May 9, 1956, andSW1/4-NW1/4 of Section 27; all that part of
E1/2-NE1/4 andSW1/4-NE1/4 except the 14.35 acres described in the finalcertificate recorded
as document 175751 on May 9, 1956,NW1/4-NE1/4, NE1/4-NW1/4, N1/2-SW1/4, and NW1/4-SE1/4 of
Section28; N1/2-NE1/4, SW1/4-NE1/4, NE1/4-NW1/4, S1/2-NW1/4, SW1/4, andSW1/4-SE1/4
of Section 29; NW1/4-NE1/4, SE1/4-NW1/4, andNE1/4-SE1/4 of Section 30; Lot 2, SE1/4-SW1/4, and
S1/2-SE1/4 ofSection 31; SW1/4-SW1/4 of Section 32; all in Township 158North, Range 42
West; and

(5) Lot 4, SW1/4-NW1/4, NE1/4-SE1/4, and S1/2-SE1/4 ofSection 1; NW1/4 and N1/2-SE1/4 of
Section 11; NE1/4-NE1/4 andS1/2-NE1/4 of Section 13; S1/2-NE1/4 and E1/2-SE1/4 of Section23; NW1/4-NE1/4, S1/2-NE1/4, W1/2, and N1/2-SE1/4 of Section 25;N1/2-SW1/4, SW1/4-SW1/4
except the 11.00 acres described in thefinal certificate recorded in Book R of Miscellaneous Records onpage 203 as document 146643, SE1/4-SW1/4, N1/2-SE1/4,SW1/4-SE1/4 except the 39.0 acres
described in the finalcertificate recorded in Book 33 of Miscellaneous Records on page337 as
document 192934, and SE1/4-SE1/4 of Section 35; all inTownship 158 North, Range 43 West.

(2) NW1/4-NE1/4, S1/2-NE1/4, N1/2-NW1/4, SE1/4-NW1/4,NE1/4-SW1/4, S1/2-SW1/4, and
SE1/4 of Section 11; SW1/4-NE1/4,SE1/4-NW1/4, NE1/4-SW1/4, S1/2-SW1/4, NW1/4-SE1/4, andS1/2-SE1/4 of Section 12; all of Section 13; all of Section 14;S1/2 of Section 15; all of Section 22; all
of Section 23; all ofSection 24; all in Township 155 North, Range 38 West.

Sec. 4. [EXCHANGE PARCELS.]

Subdivision 1. [LAND EXCHANGE.] If a land exchange isoffered to the state that, after
evaluation by the department ofnatural resources, is determined to meet the state's naturalresource
goals and meet all other land exchange requirementsunder existing law, the parcels in subdivisions 2 and
3 shall beexchanged.

(a) Notwithstanding the classification and public saleprovisions of Minnesota Statutes, chapters 84A
and 282, or otherlaw to the contrary, Roseau county may sell, either by publicsale or private sale,
the consolidated conservation land that isdescribed in paragraph (d) under the remaining provisions ofMinnesota Statutes, chapters 84A and 282.

(b) The land described in paragraph (d) may be sold withoutthe public hearing required under
Minnesota Statutes, section97A.135, subdivision 2a, with the wildlife management areadesignation deemed vacated upon the sale of the land.

(c) The conveyance must be in a form approved by theattorney general and for not less than the
appraised value ofthe land. Proceeds shall be disposed of according to MinnesotaStatutes, chapter
84A.

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6618

(d) The land that may be sold is located in Roseau countyand is described as: the south ten acres
of the SE1/4-NW1/4 ofSection 34, Township 159 North, Range 39 West.

Sec. 6. [ALL-TERRAIN VEHICLE VIOLATIONS ON LANDS DESIGNATED.]

Until January 15, 2004, on lands designated as wildlifemanagement areas under this act, the
commissioner may issuecitations for all-terrain vehicle use violations only asprovided by the
following:

(1) a person observed unloading an all-terrain vehicle withan apparent intent to enter the wildlife
management area shallbe verbally warned by the officer;

(2) a person observed improperly operating an all-terrainvehicle in the wildlife management area
shall be stopped, issueda written warning, and directed to leave or escorted out of thewildlife
management area if this is the person's first offense;

(3) a person who has received prior warnings, eitherwritten or verbal, from an enforcement officer
directly relatingto all-terrain vehicle operation in wildlife management areasand who is observed
illegally operating an all-terrain vehiclein the wildlife management area may be issued a citation; and

(4) a person who is operating an all-terrain vehicle in awildlife management area and who is
intentionally creatingserious damage to the wildlife management area, or who isinvolved in some
other violations of law, will be issuedappropriate citations or arrested.

(a) The commissioner of natural resources shall establishan eight-member wildlife management area
access working groupfor each county with land designated under this act to identifytrails for
designation under Minnesota Statutes, section97A.133, subdivision 3, paragraph (a). Each working group
shallconsist of two county board representatives chosen by the countyboard, two staff members
from the department of naturalresources who are assigned to the region and chosen by thecommissioner, two representatives of local all-terrain vehicleusers chosen by the county board, and two
representatives ofnonmotorized wildlife management area users chosen by thecommissioner. A
working group may consider and forwardrecommendations to the commissioner on other access issues
onwildlife management areas designated under Minnesota Statutes,section 97A.133, subdivision
3, paragraph (a). Each workinggroup must:

(b) By January 15 in 2003 and 2004, the commissioner shallreport to the senate and house policy
and finance committeeswith jurisdiction over natural resources on the progress inidentifying and
designating trails under Minnesota Statutes,section 97A.133, subdivision 3. The report shall include astatus report on:

(2) an update of the activities of each of the workinggroups established in paragraph (a), including
a description ofall trail proposals that either passed by a majority vote of thegroup or failed on
a tie vote.

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6619

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective January 1, 2003, and for thepurposes of the payments in lieu of taxes
under MinnesotaStatutes, sections 477A.11 to 477A.145, the land status changesare effective for
payments made in calendar year 2003 andthereafter."

Page 1, line 15, after the period, insert "This paragraphdoes not apply to a rule or severable portion
of a rulegoverning smoking in office buildings, factories, warehouses, orsimilar places of work,
or in health care facilities. Thisparagraph does not apply to a rule changing the definition of"restaurant" to make it the same as the definition in section157.15, subdivision 12."

Amend the title as follows:

Page 1, line 3, after "adopts" insert "certain"

With the recommendation that when so amended the bill pass.

The report was adopted.

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6620

Stanek from the Committee on Judiciary Finance to which was referred:

H. F. No. 2662, A bill for an act relating to crime prevention; adopting a new compact for interstate adult offender
supervision and repealing the existing compact; creating an advisory council on interstate adult offender supervision;
requiring the appointment of a compact administrator; providing penalties for persons residing in this state who are
in violation of the interstate compact for adult offender supervision; appropriating money; amending Minnesota
Statutes 2000, section 243.161; proposing coding for new law in Minnesota Statutes, chapter 243; repealing
Minnesota Statutes 2000, section 243.16.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6621

Mares from the Committee on Education Policy to which was referred:

H. F. No. 2748, A bill for an act relating to education; allowing independent school district No. 801,
Browns Valley, to begin the school year as early as August 27 to accommodate Browns Valley high school students
enrolled in school in Sisseton, South Dakota and Sisseton, South Dakota elementary students enrolled in school in
Browns Valley; making this authorization applicable to the 2001-2002 school year and later.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Sykora from the Committee on Family and Early Childhood Education Finance to which was referred:

Within six weeks after every election, the county auditor shall post the voting history for every person who voted
in the election. After the close of the calendar year, the secretary of state shall determine if any registrants have not
voted during the preceding four years and shall change the status of those registrants to "inactive" in the statewide

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6622

registration system. The secretary of state shall also prepare a report to the county auditor containing the names of
all registrants whose status was changed to "inactive." Registrants whose status waschanged to
"inactive" must register in the manner specified bysection 201.054 before voting in any primary, special
primary,general, school district, or special election, as required bysection 201.018.

Although not counted in an election, a late absentee ballot must be considered a vote for the purpose of continuing
registration."

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6623

Page 4, line 10, strike "an antlered buck" and insert "twodeer"

Page 4, delete section 6 and insert:

"Sec. 7. [97A.510] [GAME FOR CONSUMPTION AT FUNDRAISING EVENTS.]

(a) Nonprofit organizations may charge a fee for admissionto fundraising events when lawfully taken
and possessed game,excluding migratory game birds, donated to the organization isserved for
consumption on the premises where the fundraisingevent is held.

(b) Game donated to the nonprofit organization must bemarked as provided in section 97A.505,
subdivision 4. Gamedonated to a nonprofit organization and stored by theorganization is
considered to be in the possession of the personmaking the donation and is subject to inspection as provided
insection 97A.215, subdivision 1. As provided in section 97A.505,subdivision 5, a license is not
required for the nonprofitorganization to possess or transport the donated game.

(c) The nonprofit organization must keep records of thegame donated to the organization and the
records must beavailable for inspection for two years from the date of thefundraising event. The
records must show:

(1) the names and addresses of persons donating the game;

(2) the license number or possession permit number underwhich the game was lawfully taken or
possessed; and

(3) the date, location, and purpose of the fundraisingevent that utilized the donation.

Sec. 8. Minnesota Statutes 2000, section 97B.025, is amended to read:

97B.025 [HUNTER AND TRAPPER EDUCATION.]

(a) The commissioner may establish education courses for hunters and trappers. The commissioner shall
collect a fee from each person attending a course. The commissioner shall establish a fee that neither significantly
over recovers nor under recovers costs, including overhead costs, involved in providing the services. The fee is not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees shall be deposited
in the game and fish fund and the amount thereof is appropriated annually to the enforcement division of the
department of natural resources for the administration of the program. In addition to the fee established by the
commissioner, instructors may charge each person up to the established fee amount for class materials and expenses.
School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom
portion of the training.

(b) The commissioner shall enter into an agreement with astatewide nonprofit trappers association
to conduct a trappereducation program. At a minimum, the program must include atleast six
hours of classroom and in the field training. Theprogram must include a review of state trapping laws
andregulations, trapping ethics, the setting and tending of trapsand snares, tagging and
registration requirements, and thepreparation of pelts. The association shall be responsible forall
costs of conducting the education program, and shall notcharge any fee for attending the course.

Subd. 4. [SILENCERS PROHIBITED.] A person may not own or possess a silencer for a firearm or a firearm
equipped to have a silencer attached. This subdivision does not apply to thepossession and use of a
silencer by a person who:

(1) is hired by a local government solely to shoot deeraccording to an approved deer management
control plan; and

(2) has a valid federal permit to possess and use asilencer.

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6624

Subd. 7. [ALL SEASON BUCKDEER LICENSE.] A resident may obtain an all season
buckdeer license to take one buck by firearm or archery and one doe by firearm or archery
during any season statewide. A person obtaining an all season buckdeer license does not qualify
for hunting under subdivision 3 or 4. The commissioner shall issue one tag for a buck and one tagfor
a doe when issuing a license under this subdivision."

(a) The commissioner may prohibit fishingor restrict thetaking of fish or the operation
of motorboats by posting waters that:

(1) are designated as spawning beds or fish preserves; or

(2) are being used by the commissioner for fisheries research or management activities; or

(3) are licensed by the commissioner as a private fishhatchery or aquatic farm under section
97C.211, subdivision 1,or 17.4984, subdivision 1.

An area may be posted under this paragraph if necessary to prevent excessive depletion of fish or interference with
fisheries research or management activities or private fishhatchery or aquatic farm operations.
The commissioner willconsider the following criteria in determining if waterslicensed under
a private fish hatchery or aquatic farm should beposted under this paragraph:

(i) the waters contain game fish brood stock that are vitalto the private fish hatchery or aquatic farm
operation;

(ii) game fish are present in the licensed waters only as aresult of aquaculture activities by the
licensee; and

(iii) no public access to the waters existed when thewaters were first licensed.

A private fish hatchery or aquatic farm licensee may not takefish or authorize others to take fish in
licensed waters thatare posted under this paragraph, except as provided in section17.4983,
subdivision 3, and except that if waters are posted toallow the taking of fish under special restrictions,
licenseesand others who can legally access the waters may take fish underthose special
restrictions.

(b) Except as provided in paragraphparagraphs (a) and (c), a person may not take fish or operate
a motorboat if prohibited by posting under paragraph (a).

(c) An owner of riparian land adjacent to an area posted under paragraph (a) may operate a motorboat through
the area by the shortest direct route at a speed of not more than five miles per hour."

Subdivision 1. [TIMBER SALES; LAND LEASES AND USES.] (a) The county auditor may sell timber upon
any tract that may be approved by the natural resources commissioner. Such sale of timber shall be made for cash
at not less than the appraised value determined by the county board to the highest bidder after not less than one
week's published notice in an official paper within the county. Any timber offered at such public sale and not sold

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may thereafter be sold at private sale by the county auditor at not less than the appraised value thereof, until such
time as the county board may withdraw such timber from sale. The appraised value of the timber and the forestry
practices to be followed in the cutting of said timber shall be approved by the commissioner of natural resources.

(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made in cash at the time of the
timber sale, except in the case of oral or sealed bid auction sales, the down payment shall be no less than 15 percent
of the appraised value, and the balance shall be paid prior to entry. In the case of auction sales that are partitioned
and sold as a single sale with predetermined cutting blocks, the down payment shall be no less than 15 percent of
the appraised price of the entire timber sale which may be held until the satisfactory completion of the sale or applied
in whole or in part to the final cutting block. The value of each separate block must be paid in full before any cutting
may begin in that block. With the permission of the county administrator the purchaser may enter unpaid blocks
and cut necessary timber incidental to developing logging roads as may be needed to log other blocks provided that
no timber may be removed from an unpaid block until separately scaled and paid for.

(c) The county board may require final settlement on the basis of a scale of cut products. Any parcels of land from
which timber is to be sold by scale of cut products shall be so designated in the published notice of sale above
mentioned, in which case the notice shall contain a description of such parcels, a statement of the estimated quantity
of each species of timber thereon and the appraised price of each specie of timber for 1,000 feet, per cord or per piece,
as the case may be. In such cases any bids offered over and above the appraised prices shall be by percentage, the
percent bid to be added to the appraised price of each of the different species of timber advertised on the land. The
purchaser of timber from such parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown
in the notice of sale as estimated to be standing on the land, and in addition shall pay at the same rate for any
additional amounts which the final scale shows to have been cut or was available for cutting on the land at the time
of sale under the terms of such sale. Where the final scale of cut products shows that less timber was cut or was
available for cutting under terms of such sale than was originally paid for, the excess payment shall be refunded from
the forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board as in case
of other claims against the county. No timber, except hardwood pulpwood, may be removed from such parcels of
land or other designated landings until scaled by a person or persons designated by the county board and approved
by the commissioner of natural resources. Landings other than the parcel of land from which timber is cut may be
designated for scaling by the county board by written agreement with the purchaser of the timber. The county board
may, by written agreement with the purchaser and with a consumer designated by the purchaser when the timber
is sold by the county auditor, and with the approval of the commissioner of natural resources, accept the consumer's
scale of cut products delivered at the consumer's landing. No timber shall be removed until fully paid for in cash.
Small amounts of timber not exceeding $3,000 in appraised valuation may be sold for not less than the full appraised
value at private sale to individual persons without first publishing notice of sale or calling for bids, provided that in
case of such sale involving a total appraised value of more than $200 the sale shall be made subject to final
settlement on the basis of a scale of cut products in the manner above provided and not more than two such sales,
directly or indirectly to any individual shall be in effect at one time.

(d) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations
or organized subdivisions of the state at public or private vendue, and at such prices and under such terms as the
county board may prescribe, for use as cottage and camp sites and for agricultural purposes and for the purpose of
taking and removing of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt therefrom, and for garden sites
and other temporary uses provided that no leases shall be for a period to exceed ten years; provided, further that any
leases involving a consideration of more than $12,000 per year, except to an organized subdivision of the state shall
first be offered at public sale in the manner provided herein for sale of timber. Upon the sale of any such leased land,
it shall remain subject to the lease for not to exceed one year from the beginning of the term of the lease. Any rent
paid by the lessee for the portion of the term cut off by such cancellation shall be refunded from the forfeited tax sale
fund upon the claim of the lessee, to be audited and allowed by the county board as in case of other claims against
the county.

(e) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations,
or organized subdivisions of the state at public or private vendue, at such prices and under such terms as the county
board may prescribe, for the purpose of taking and removing for use for road construction and other purposes

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tax-forfeited stockpiled iron-bearing material. The county auditor must determine that the material is needed and
suitable for use in the construction or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill, or
other works on public or private property, and that the use would be in the best interests of the public. No lease shall
exceed ten years. The use of a stockpile for these purposes must first be approved by the commissioner of natural
resources. The request shall be deemed approved unless the requesting county is notified to the contrary by the
commissioner of natural resources within six months after receipt of a request for approval for use of a stockpile.
Once use of a stockpile has been approved, the county may continue to lease it for these purposes until approval is
withdrawn by the commissioner of natural resources.

(f) The county auditor, with the approval of the county board is authorized to grant permits, licenses, and leases
to tax-forfeited lands for the depositing of stripping, lean ores, tailings, or waste products from mines or ore milling
plants, upon such conditions and for such consideration and for such period of time, not exceeding 15 years, as the
county board may determine; said permits, licenses, or leases to be subject to approval by the commissioner of
natural resources.

(g) Any person who removes any timber from tax-forfeited land before said timber has been scaled and fully paid
for as provided in this subdivision is guilty of a misdemeanor.

(h) The county auditor may, with the approval of the county board, and without first offering at public sale, grant
leases, for a term not exceeding 25 years, for the removal of peat from tax-forfeited lands upon such terms and
conditions as the county board may prescribe. Any lease for the removal of peat from tax-forfeited lands must first
be reviewed and approved by the commissioner of natural resources if the lease covers 320 or more acres. No lease
for the removal of peat shall be made by the county auditor pursuant to this section without first holding a
public hearing on the auditor's intention to lease. One printed notice in a legal newspaper in the county at least
ten days before the hearing, and posted notice in the courthouse at least 20 days before the hearing shall be given
of the hearing.

(i) Notwithstanding any provision of paragraph (c) to thecontrary, the St. Louis county auditor may,
at the discretion ofthe county board, sell timber to the party who bids the highestprice for all the
several kinds of timber, as provided for salesby the commissioner of natural resources under section 90.14.
Bids offered over and above the appraised price need not beapplied proportionately to the appraised price
of each of thedifferent species of timber.

Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS DISCHARGE.] (a) Whoever does any
of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm, except asauthorized under section 97B.031, subdivision 4;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1)
or (3), and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as
defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to
imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000,
or both."

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(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 7670, does not expire on
April 15, 2000, but remains in effect for residential buildings not covered by Minnesota Rules, chapter 7676. The
provisions of Minnesota Rules, chapter 7670, that apply to category 1 buildings govern new, detached single one-
and two-family R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application for a building permit after
April 14, 2000, must meet the requirements for category 1 buildings, as set out in Minnesota Rules, chapter 7670.
All new detached single one- and two-family R-3 occupancy buildings having fuel burning equipment using
nonsolid fuels for space heating, service water heating, or hearth products must install direct vent, power vent, or
sealed combustion equipment. All new detached single one- and two-family R-3 occupancy buildings must have a
mechanical ventilation system which replaces, by direct or indirect means, air from habitable rooms with outdoor
air. If any single exhaust device over 300 cubic feet per minute is installed, sealed combustion space heating
equipment or an alternative make-up air source must be used.

(b) As an alternative to compliance with paragraph (a), compliance with Minnesota Rules, chapters 7672
and 7674, is optional for a contractor or owner.

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(c) The department of administration, building codes and standards division (BCSD), shall issue a report to the
legislature by December 1, 2001, addressing the cost benefit, as well as air quality, building durability, moisture,
enforcement, enforceability, and liability regarding implementation of Minnesota Rules, chapters 7670, 7672,
and 7674. The report must include a feasibility study of establishing new criteria for category 2 detached single one-
and two-family R-3 occupancy buildings that are energy efficient, enforceable, and provide sufficient
nonmechanical ventilation or permeability for a home to maintain good air quality, building durability, and adequate
release of moisture.

(d) This section expires when the commissioner ofadministration adopts a new energy code in
accordance withsection 2.

Sec. 2. [ENERGY CODE.]

Notwithstanding Minnesota Statutes, section 16B.617, thecommissioner of administration, in
consultation with theconstruction codes advisory council, shall explore and reviewthe availability
and appropriateness of any model energy codesrelated to the construction of single one- and two-familyresidential buildings. In consultation with the council, thecommissioner shall take steps to adopt the
chosen code with allnecessary and appropriate amendments.

The commissioner may not adopt all or part of a modelenergy code relating to the construction of
residentialbuildings without research and analysis that addresses, at aminimum, air quality,
building durability, moisture,enforcement, enforceability cost benefit, and liability. Theresearch
and analysis must be completed in cooperation withpractitioners in residential construction and building
scienceand an affirmative recommendation by the construction codeadvisory council.

Sec. 3. [EFFECTIVE DATE.]

Notwithstanding any contrary provision of MinnesotaStatutes, section 16B.617, paragraph (a), the
commissioner ofadministration may adopt appropriate provisions addressingcombustion air and
make-up air in residential construction aspart of the mechanical code. Section 1 is effective when rulescontaining these provisions are adopted. Section 2 is effectivethe day following final enactment."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "requiring the commissioner of administration to take certain actions;"

Subd. 1c. [BIOLOGICAL AGENT.] "Biological agent" means amicroorganism, virus,
infectious substance, bioengineeredcomponent of such a microorganism, or other biological materialthat could cause death, disease, or other harm to a human, ananimal, a plant, or another living
organism.

Subd. 5d. [INFECTIOUS DISEASE.] "Infectious disease" meansa disease caused by a
living organism or virus. An infectiousdisease may or may not be transmissible from person to person,animal to person, or insect to person.

Sec. 6. [12.215] [DELEGATION OF GOVERNOR'S AUTHORITY TO DESIGNEE.]

The governor may delegate to a designee any powers andduties granted to the governor under
sections 12.21, 12.22,12.23, 12.27, 12.301, 12.33, 12.34, 12.36, and 12.381.

Subdivision 1. [DECLARATION OF NATIONAL SECURITY EMERGENCY.] When information from the
President of the United States, the Federal Emergency Management Agency, the Department of Defense, or the
National Warning System indicates the imminence of a national security emergency within the United States, which
means the several states, the District of Columbia, and the Commonwealth of Puerto Rico, or the occurrence within
the state of Minnesota of a major disaster orbioterrorism incident from enemy sabotage or other
hostile action, the governor may, by proclamation, declare that a national security emergency exists in all or any part
of the state. If the legislature is then in regular session or, if it is not, if the governor concurrently with the
proclamation declaring the emergency issues a call convening immediately both houses of the legislature, the
governor may exercise for a period not to exceed 30 days the powers and duties conferred and imposed by sections
12.31 to 12.37 and 12.381. The lapse of these emergency powers does not, as regards any act occurring
or committed within the 30-day period, deprive any person, political subdivision, municipal corporation, or body
politic of any right to compensation or reimbursement that it may have under this chapter.

Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] (a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when an act of nature, a
technological failure or malfunction, a terrorist incident, a bioterrorism incident, an industrial accident, a
hazardous materials accident, or a civil disturbance endangers life and property and local government resources are
inadequate to handle

Journal of the House - 76th Day - Thursday, February
28, 2002 - Top of Page 6630

the situation. ItA peacetime emergency must not be continued for more than five days unless
extended by resolution of the executive council up to 30 days. An order, or proclamation declaring, continuing, or
terminating an emergency must be given prompt and general publicity and filed with the secretary of state.

(b) This paragraph applies to a peacetime emergencydeclared as a result of a bioterrorism incident.
If thelegislature is sitting in session at the time of the emergencydeclaration, the governor may
exercise the powers and dutiesconferred by this chapter for the period allowed under paragraph(a).
If the legislature is not sitting in session when apeacetime emergency is declared or renewed, the governor
mayexercise the powers and duties conferred by this chapter for theperiod allowed under
paragraph (a) only if the governor issues acall convening both houses of the legislature at the same
timethe governor declares or renews the peacetime emergency.

Sec. 9. Minnesota Statutes 2000, section 12.32, is amended to read:

12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.]

Orders and rules promulgated by the governor or a designee under authority of section 12.21, subdivision
3, clause (1), when approved by the executive council and filed in the office of the secretary of state, have, during
a national security,peacetime, or energy supply emergency, the full force and effect of law. Rules
and ordinances of any agency or political subdivision of the state inconsistent with the provisions of this chapter or
with any order or rule having the force and effect of law issued under the authority of this chapter, is suspended
during the period of time and to the extent that the emergency exists.

Sec. 10. [12.375] [DECLARATION DUE TO BIOTERRORISM.]

Subdivision 1. [CONSULTATION REQUIRED.] Before declaring anational security or
peacetime emergency due to a bioterrorismincident, the governor shall consult with the commissioner
ofhealth and additional public health experts and other experts asneeded. If the bioterrorism
incident occurs on Indian lands,the governor shall consult with tribal authorities before makingsuch a declaration. Nothing in this section shall be construedto limit the governor's authority to act
without suchconsultation when the situation calls for prompt and timelyaction.

Subd. 2. [EFFECT OF DECLARATION.] A declaration of anational security or peacetime
emergency due to a bioterrorismincident invokes the necessary portions of the state emergencyoperations plan developed pursuant to section 12.21, subdivision3, relating to response and recovery
aspects and may authorizeaid and assistance under the plan.

Subdivision 1. [AUTOMATIC TERMINATION; RENEWAL.] Notwithstanding any other provision
of this chapter, a nationalsecurity or peacetime emergency declared due to a bioterrorismincident
is terminated automatically 30 days after its originaldeclaration unless the emergency is renewed by the
governor asprovided by section 12.31, subdivision 2, paragraph (b). Anyrenewal is terminated
automatically after 30 days unless againrenewed by the governor.

Subd. 2. [TERMINATION BY LEGISLATURE.] By a majority voteof each house of the
legislature, the legislature may terminatea national security or peacetime emergency declared due to abioterrorism incident at any time from the date of originaldeclaration. A termination by the legislature
under thissubdivision overrides any renewal by the governor undersubdivision 1.

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6631

(1) direct measures to provide for the safe disposition ofdead human bodies as may be reasonable
and necessary foremergency response. Measures may include, but are not limitedto,
transportation, preparation, temporary mass burial and otherinterment, disinterment, and cremation of dead
human bodies. Insofar as the emergency circumstances allow, the governor shallrespect the religious rites,
cultural customs, family wishes,and predeath directives of a decedent concerning finaldisposition.
The governor may limit visitations or funeralceremonies based on public health risks;

(2) consult with coroners and medical examiners, takepossession or control of any dead human body,
and order anautopsy of the body; and

(3) request any business or facility authorized to embalm,bury, cremate, inter, disinter, transport,
or otherwise providefor disposition of a dead human body under the laws of thisstate to accept
any dead human body or provide the use of itsbusiness or facility if the actions are reasonable and
necessaryfor emergency response and are within the safety precautioncapabilities of the business
or facility.

Subd. 2. [IDENTIFICATION OF BODIES.] A person in charge ofthe body of a person
believed to be infected with a communicabledisease caused by a bioterrorism incident shall maintain awritten record of the body and all available information toidentify the decedent, the circumstances of
death, anddisposition of the body. If a body cannot be identified, aqualified person shall, prior
to disposition and to the extentpossible, take fingerprints and one or more photographs of theremains and collect a DNA specimen from the body. Allinformation gathered under this subdivision,
other than datarequired for a death certificate under Minnesota Rules, part4601.2550, shall be
death investigation data and shall beclassified as nonpublic data according to section 13.02,subdivision 9. Data gathered under this subdivision shall bepromptly forwarded to the commissioner
of health. Thecommissioner may only disclose death investigation data to theextent necessary
to assist relatives in identifying decedents orfor public health or public safety investigations.

Sec. 13. Minnesota Statutes 2000, section 12.46, is amended to read:

12.46 [LIMITATION OF POWERS.]

Nothing in this chapter authorizes the governor, a designeeof the governor, or the director:

(1) by subpoena or otherwise to require any person to appear before any person or to produce any records for
inspection by any person, or to examine any person under oath; and

(2) to remove summarily from office any person, other than a person appointed under this chapter, except as now
provided by law or as herein specifically authorized.

Subd. 21. [DEATH INVESTIGATION DATA.] Data gathered by thecommissioner of
health to identify the body of a person believedto be infected with a communicable disease caused by abioterrorism incident, the circumstances of death, anddisposition of the body are classified under, and
may bereleased according to, section 12.381, subdivision 2.

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Sec. 15. [144.1206] [ISOLATION AND QUARANTINE OF PERSONS.]

Subdivision 1. [DEFINITIONS.] For purposes of thissection, the following definitions
apply:

(1) "isolation" means separation, during the period ofcommunicability, of an infected person in a
place and underconditions so as to prevent direct or indirect transmission ofan infectious agent
to others; and

(2) "quarantine" means restriction, during a period ofcommunicability, of activities or travel of an
otherwise healthyperson who likely has been exposed to a communicable disease toprevent disease
transmission during the period ofcommunicability in the event the person is infected.

Subd. 2. [GENERAL REQUIREMENTS.] (a) The commissioner ofhealth and any person
acting under the commissioner's authorityshall comply with paragraphs (b) to (h) when isolating orquarantining individuals or groups of individuals.

(b) Isolation and quarantine must be by the leastrestrictive means necessary to prevent the spread
of acommunicable or potentially communicable disease to others andmay include, but are not
limited to, confinement to privatehomes or other private or public premises.

(d) The health status of isolated and quarantinedindividuals must be monitored regularly to
determine if theyrequire continued isolation or quarantine.

(e) If a quarantined individual subsequently becomesinfectious or is reasonably believed to have
become infectiouswith a communicable or potentially communicable disease, theindividual must
be isolated.

(f) Isolated and quarantined individuals must beimmediately released when they pose no known risk
oftransmitting a communicable or potentially communicable diseaseto others.

(g) The needs of persons isolated and quarantined shall beaddressed in a systematic and competent
fashion, including, butnot limited to, providing adequate food, clothing, shelter,means of
communication between those in isolation or quarantineand those outside these settings, medication, and
competentmedical care.

(h) Premises used for isolation and quarantine shall bemaintained in a safe and hygienic manner
and be designed tominimize the likelihood of further transmission of infection orother harms to
persons isolated and quarantined.

Sec. 16. [STUDY OF EMERGENCY HEALTH POWERS ISSUES.]

(a) The commissioner of health shall study and submitrecommendations to the legislature on
additional legislativechanges needed to Minnesota Statutes, chapter 12 or 145, orother relevant
statutes to strengthen the state's capacity todeal with a bioterrorism incident. The report andrecommendations must be submitted to the legislature by January15, 2003. The report and
recommendations must address at leastthe following:

(1) provisions for immunity for health care providers andothers acting under the direction of the
governor or a designeeduring an emergency declared due to a bioterrorism incident;

(2) emergency measures concerning dangerous facilities andmaterials, the control of health care
supplies and facilities,and limiting public gatherings and transportation;

(3) measures to detect and prevent the spread of disease,including requirements for medical
examinations, testing,vaccination, treatment, isolation and quarantine, and collectinglaboratory
specimens and samples;

(4) due process protections to apply to persons underisolation or quarantine; and

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(5) enforcement methods to ensure compliance with emergencymeasures and measures to detect and
prevent the spread ofdisease.

Page 1, line 14, after "employ" insert ", other than" and after "pull-tabs" insert a comma

Page 1, line 27, to page 2, line 10, reinstate the stricken language and after the period, insert "The amount
that may bepaid for rent under this subdivision is inclusive of anyservices provided or contracted
for by the lessor, including butnot limited to trash removal, janitorial and cleaning services,snow
removal, lawn services, electricity, heat, security,storage, and other utilities or services."

Page 3, delete lines 8 to 20

With the recommendation that when so amended the bill pass.

The report was adopted.

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6634

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

Subd. 9. [EXCLUSIVE AGENCY AGREEMENTS.] (a) Except as provided in paragraph (b)(c), a licensee shall not negotiate the sale, exchange, lease, or listing of any real property directly with the
owner or lessor knowing that the owner or lessor has executed a written contract granting exclusive
listing contract or exclusive contract for nonagency servicesrepresentation or assistance in
connection with the property withto another real estate broker, buyer, or lessee, nor shall a licensee
negotiate the purchase, lease, or exchange of real property knowing that the buyer or lessee has executed a written
contract granting exclusive buyer representation contract or exclusive contract for nonagency
servicesrepresentation or assistance for the purchase, lease, or exchange of the real property with
another real estate broker.

(b) Licensees shall not induce any party to a contract ofsale, purchase, lease, or option, or to an
exclusive listingagreement or buyer's agreement, or facilitator servicesagreement, to breach the
contract, option, or agreement.

(c) A licensee may discuss the terms upon which a listing or buyer representation contract or a contract
for nonagencyfacilitator services may be entered into after expiration of any existing exclusive
contract when the inquiry or discussion is initiated by the owner, lessor, buyer, or lessee. The licensee must inquire
of the owner, lessor, buyer, or lessee whether such an exclusive contract exists.

Subdivision 1. [AGENCY DISCLOSURE.] A real estate broker or salesperson shall provide to a consumer in
the sale and purchase of a residential real property transaction at the first substantive contact with the consumer an
agency disclosure form in substantially the form set forth in subdivision 4. The agency disclosure form shall be
intended to provide a description of available options for agency and nonagencyfacilitator
relationships, and a description of the role of a licensee under each option. The agency disclosure form shall provide
a signature line for acknowledgment of receipt by the consumer.

Subd. 4. [AGENCY DISCLOSURE FORM.] The agency disclosure form shall be in substantially the form set
forth below:

AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

Minnesota law requires that early in any relationship, real estate brokers or salespersons discuss with
consumers what type of agency representation or relationship they desire.(1) The available options are listed below.
This is not a contract. This is an agency disclosure form only. If you desirerepresentation, you
must enter into a written contract accordingto state law (a listing contract or a buyer representation
contract). Until such time as you choose to enter into a written contract for representation, you will be treated as a
customer and will not receive any representation from the broker or salesperson. The broker or salesperson will be
acting as a Facilitator (see paragraph V below), unless the broker or salesperson is representing another party as
described below.

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ACKNOWLEDGMENT: I/We acknowledge that I/We have been presented with the below-described options.
I/We understand that until I/We have signed a representation contract, I/We are not represented by the
broker/salesperson and information given to the broker/salesperson may be disclosed. I/We understand that
written consent is required for a dual agency relationship. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT
FOR REPRESENTATION.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature Date

I.

Seller's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker,
represents the Seller and acts on behalf of the Seller. A Seller's broker owes to the Seller the fiduciary duties
described below.(2) The broker must also disclose to the Buyer material facts as defined in Minnesota Statutes,
section 82.197, subdivision 6, of which the broker is aware that could adversely and significantly affect the Buyer's
use or enjoyment of the property. If a broker or salesperson working with a Buyer as a customer is representing
the Seller, he or she must act in the Seller's best interest and must tell the Seller any information disclosed to him
or her, except confidential information acquired in a facilitator relationship (see paragraph V below). In that case,
the Buyer will not be represented and will not receive advice and counsel from the broker or salesperson.

II.

Subagent: A broker or salesperson who is working with a Buyer but represents the Seller. In this case,
the Buyer is the broker's customer and is not represented by that broker. If a broker or salesperson working with
a Buyer as a customer is representing the Seller, he or she must act in the Seller's best interest and must tell the
Seller any information that is disclosed to him or her. In that case, the Buyer will not be represented and will not
receive advice and counsel from the broker or salesperson.

III.

Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act
on behalf of the Buyer. The broker may represent the Buyer only, and not the Seller, even if he or she is being
paid in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described below.(2)
The broker must disclose to the Buyer material facts as defined in Minnesota Statutes, section 82.197, subdivision
6, of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the
property. If a broker or salesperson working with a Seller as a customer is representing the Buyer, he or she must
act in the Buyer's best interest and must tell the Buyer any information disclosed to him or her, except confidential
information acquired in a facilitator relationship (see paragraph V below). In that case, the Seller will not be
represented and will not receive advice and counsel from the broker or salesperson.

IV.

Dual Agency-Broker Representing both Seller and Buyer: Dual agency occurs when one broker or
salesperson represents both parties to a transaction, or when two salespersons licensed to the same broker each
represent a party to the transaction. Dual agency requires the informed consent of all parties, and means that the
broker and salesperson owe the same duties to the Seller and the Buyer. This role limits the level of representation
the broker and salespersons can provide, and prohibits them from acting exclusively for either party. In a dual
agency, confidential information about price, terms, and motivation for pursuing a transaction will be kept
confidential unless one party instructs the broker or salesperson in writing to disclose specific information about
him or her. Other information will be shared. Dual agents may not advocate for one party to the detriment of
the other.(3)

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Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described
below.(2) Dual agents must disclose to Buyers material facts as defined in Minnesota Statutes, section 82.197,
subdivision 6, of which the broker is aware that could adversely and significantly affect the Buyer's use or
enjoyment of the property.

V.

Facilitator: A broker or salesperson who performs services for a Buyer, a Seller, or both but does not
represent either in a fiduciary capacity as a Buyer's Broker, Seller's Broker, or Dual Agent. THE
FACILITATOR BROKER ORSALESPERSON DOES NOT OWE ANY PARTY ANY OF THE
FIDUCIARYDUTIES LISTED BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSEDUTIES ARE INCLUDED IN THE WRITTEN FACILITATOR SERVICESAGREEMENT.
The facilitator broker or salesperson owes the duty of confidentiality to the party but owes no other duty to the
party except those duties required by law or contained in a written facilitator services agreement, if any. In the
event a facilitator broker or salesperson, working with a Buyer, shows a property listed by the facilitator broker
or salesperson, then the facilitator broker or salesperson must act as a Seller's Broker (see paragraph I above).
In the event a facilitator broker or salesperson, working with a Seller, accepts a showing of the property by a Buyer
being represented by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as
a Buyer's Broker (see paragraph III above).

(1) This disclosure is required by law in any transaction involving property occupied or intended to be occupied
by one to four families as their residence.

(2) The fiduciary duties mentioned above are listed below and have the following meanings:

Loyalty-broker/salesperson will act only in client(s)' best interest.

Obedience-broker/salesperson will carry out all client(s)' lawful instructions.

Disclosure-broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has
knowledge which might reasonably affect the client's rights and interests.

Confidentiality-broker/salesperson will keep client(s)' confidences unless required by law to disclose specific
information (such as disclosure of material facts to Buyers).

Reasonable Care-broker/salesperson will use reasonable care in performing duties as an agent.

Accounting-broker/salesperson will account to client(s) for all client(s)' money and property received as agent.

(3) If Seller(s) decides not to agree to a dual agency relationship, Seller(s) may give up the opportunity to sell the
property to Buyers represented by the broker/salesperson. If Buyer(s) decides not to agree to a dual agency
relationship, Buyer(s) may give up the opportunity to purchase properties listed by the broker.

Subd. 6. [MATERIAL FACTS.] (a) Licensees shall disclose to any prospective purchaser all material facts of
which the licensees are aware, which could adversely and significantly affect an ordinary purchaser's use or
enjoyment of the property, or any intended use of the property of which the licensees are aware.

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(b) It is not a material fact relating to real property offered for sale and no regulatory action shall be brought
against a licensee for failure to disclose in any real estate transaction the fact or suspicion that the property:

(1) is or was occupied by an owner or occupant who is or was suspected to be infected with human
immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome; or

(2) was the site of ana suicide, accidental death, natural death, or perceived paranormal
activity; or

(3) is located in a neighborhood containing any adultfamily home, community-based residential
facility, or nursinghome.

(c) A licensee or employee of the licensee has no duty to disclose information regarding an offender who is
required to register under section 243.166, or about whom notification is made under that section, if the broker or
salesperson, in a timely manner, provides a written notice that information about the predatory offender registry and
persons registered with the registry may be obtained by contacting local law enforcement where the property is
located or the department of corrections.

(d) A licensee is not required to disclose, except as otherwise provided in paragraph (e), information relating to
the physical condition of the property or any other information relating to the real estate transaction, if a written
report that discloses the information has been prepared by a qualified third party and provided to the person. For
the purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any
person whom the broker, salesperson, or a party to the real estate transaction reasonably believes has the expertise
necessary to meet the industry standards of practice for the type of inspection or investigation that has been
conducted by the third party in order to prepare the written report and who is acceptable to the person to whom the
disclosure is being made.

(e) A licensee shall disclose to the parties to a real estate transaction any facts known by the broker or salesperson
that contradict any information included in a written report, if a copy of the report is provided to the licensee,
described in paragraph (d).

Subdivision 1. [RETENTION.] A licensed real estate broker shall retain for three years copies of all listings,
buyerrepresentation and facilitator services contracts, deposit receipts, purchase money contracts,
canceled checks, trust account records, and such other documents as may reasonably be related to carrying on a real
estate brokerage business. The retention period shall run from the date of the closing of the transaction, or from the
date of the listingdocument if the transactiondocument is not consummated.
The followingdocuments need not be retained:

(1) agency disclosure forms provided to prospective buyersor sellers, where no contractual
relationship is subsequentlycreated and no services are provided by the licensee; and

(2) facilitator services contracts or buyer representationcontracts entered into with prospective
buyers, where theprospective buyer abandons the contractual relationship beforeany services have
been provided by the licensee.

Subd. 2c. [MONETARY SETTLEMENTS.] The commissioner shallnot coerce or attempt
to coerce a licensee to enter into anymonetary settlement with a consumer in connection with anycomplaint investigation. The commissioner may consider thetotality of the circumstances, including
any efforts by thelicensee to mitigate any losses by a consumer, in determiningthe appropriateness
or severity of administrative sanction."

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"(c) Notwithstanding the limits in paragraphs (a) and (b),for a municipality receiving supplemental
assistance under thissection after January 1, 2002, the authority shall provideassistance up to
$25,000 per existing connection if theauthority determines that the municipality's construction andinstallation costs are significantly increased due to geologicalconditions and more stringent discharge
limits."

Page 6, after line 21, insert:

"Sec. 13. [EFFECTIVE DATE.]

This act is effective for funds appropriated after January1, 2002."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Capital
Investment.

The report was adopted.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 3133, A bill for an act relating to state government; state procurement; codifying references relating to
competitive bidding for building and construction contracts; amending Minnesota Statutes 2000, section 16C.25;
proposing coding for new law in Minnesota Statutes, chapter 16C.

Reported the same back with the following amendments:

Page 1, line 15, delete "16C.28" and insert "16C.29"

Page 1, line 17, delete "16C.28" and insert "16C.29"

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6639

Page 1, line 22, delete "contracts" and insert "or repairs"

Page 1, after line 22, insert:

"Subd. 2. [REQUIREMENT CONTRACTS.] Standard requirementprice contracts for
building and construction must beestablished by competitive bids as provided in subdivision 1.The
standard requirement price contracts may contain escalationclauses and may provide for a negotiated price
increase ordecrease based upon a demonstrable industrywide or regionalincrease or decrease in
the vendor's costs or for the additionof similar products or replacement items not significant to thetotal value of existing contracts. The term of these contractsmay not exceed five years including all
extensions."

Page 1, line 23, delete "2" and insert "3"

Page 2, line 14, delete "3" and insert "4"

Page 2, line 20, delete "4" and insert "5"

Page 2, line 26, delete "5" and insert "6"

Page 3, line 13, delete "and may purchase"

Page 3, delete line 14

Page 3, line 15, delete everything before the period

Page 4, after line 26, insert:

"Sec. 5. [16C.29] [CONTRACT MANAGEMENT AND REVIEW.]

The commissioner must develop procedures to audit agencypersonnel to whom the commissioner
has delegated contractingauthority, in order to ensure compliance with laws andguidelines
governing issuance of contracts, including laws andguidelines governing conflicts of interest."

Subd. 6. [PLANNED CLOSURE RATE ADJUSTMENT.] (a) The commissioner of human services shall
calculate the amount of the planned closure rate adjustment available under subdivision 3, paragraph (b), for up to
5,140 beds according to clauses (1) to (4):

(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080;

(2) the total number of beds in the nursing facility or facilities receiving the planned closure rate adjustment must
be identified;

(3) capacity days are determined by multiplying the number determined under clause (2) by 365; and

(4) the planned closure rate adjustment is the amount available in clause (1), divided by capacity days determined
under clause (3).

(b) A planned closure rate adjustment under this section is effective on the first day of the month following
completion of closure of the facility designated for closure in the application and becomes part of the nursing
facility's total operating payment rate.

(c) Applicants may use the planned closure rate adjustment to allow for a property payment for a new nursing
facility or an addition to an existing nursing facility or as an operating payment rate adjustment. Applications
approved under this subdivision are exempt from other requirements for moratorium exceptions under section
144A.073, subdivisions 2 and 3.

(d) Upon the request of a closing facility, the commissioner must allow the facility a closure rate adjustment as
provided under section 144A.161, subdivision 10.

(e) If the per bed dollar amount specified in paragraph(a), clause (1) is increased, the commissioner
shall recalculateplanned closure rate adjustments for facilities that delicensebeds under this
section on or after July 1, 2001, to reflect theincrease in the per bed dollar amount. The recalculated
plannedclosure rate adjustment shall be effective from the date the perbed dollar amount is
increased."

Subd. 34. [FLEET.] "Fleet" means a combination of 10050 or more vehicles and trailers owned
by a person solely for the use of that person or employees of the person and registered in this state under section
168.127. It does not include vehicles licensed under section 168.187."

Subdivision 1. [AMOUNTS.] (a) The department shallmust be paid the following feesfee specified for the following activities:

(1) for filing an application for and the issuance of an originala certificate of title, the sum of
$2$11. The individual components of the fee must be disclosed on the title application forms as "$3.50
Public Safety Vehicle fee; $4.18 Title Application fee; $3.32 Waste Tire fee.";

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6643

(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction, the sum of $2, except that no fee is due forif a security interest is filed by a public authority under section 168A.05, subdivision 8, or if
a lien is concurrently noted with the filing of an application under clause (1);

(3) for the transfer of the interest of an owner and the issuance of a new certificate of title, the sum of $2;

(4) for each assignment of a security interest when first noted on a certificate of title, unless noted
concurrently with the security interest, the sum of $1;

(5)(4) for issuing a duplicate certificate of title, the sum of $4.

(b) After June 30, 1994, in addition to eachFrom the proceeds of the feesfee
required under paragraph (a), clausesclause (1) and (3), the department shall be
paidcredit $3.50. The additional fee collected under this paragraph must be deposited in the special
revenue fund and credited to the public safety motor vehicle account established in section 299A.70 and the
motor vehicle registrar shall credit $3.32 on each title application to the motor vehicle transfer account in the
environmental fund."

Subdivision 1. [REQUIREMENTS.] (a) Except as provided in section 169.28, subdivision 1, when any
person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this
paragraph, the driver shall stop the vehicle not less than ten feet from the nearest railroad track and shall not proceed
until safe to do so. These requirements apply when:

(1) a clearly visible electric or mechanical signal device warns of the immediate approach of a railroad train; or

(2) an approaching railroad train is plainly visible and is in hazardous proximity.

(b) The fact that a moving train approaching a railroad grade crossing is visible from the crossing is prima facie
evidence that it is not safe to proceed.

(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade crossing when a human
flagger signals the approach or passage of a train or when a crossing gate is lowered warning of the immediate
approach or passage of a railroad train. No person may drive a vehicle past a flagger at a railroad crossing until the
flagger signals that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

Subdivision 1. [STOP REQUIRED.] (a) The driver of any motor vehicle carrying passengers for hire, or of any
school bus whether carrying passengers or not, or of any Head Start bus whether carrying passengers or not, or of
any vehicle carrying explosive substances or flammable liquids, or liquid gas under pressure as a cargo or part
of a cargothat is required to stop at railroad grade crossings under Code of Federal Regulations, title 49,
section 392.10, before crossing at grade any track or tracks of a railroad, shall stop the vehicle not less than
ten15 feet nor more than 50 feet from the nearest rail of the railroad and while so stopped shall
listen and look in both directions along the track for any approaching train, and for signals indicating the approach
of a train, except as hereinafter provided, and shall not proceed until safe to do so. The driver must not shift
gears while crossing the railroad tracks.

(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings except at those railroad
grade crossings that the local school administrative officer may designate.

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6644

Subd. 2. [INSPECTION REQUIRED.] It is unlawful for a person to operate or permit the operation of:

(1) a commercial motor vehicle registered in Minnesota; or

(2) special mobile equipment as defined in section 168.011, subdivision 22, and which is self-propelled,
if it is mounted on a commercial motor vehicle chassis, including, but not limited to, a mobile crane, a water
well-drilling rig, and a concrete-placement pumper,

unless the vehicle displays a valid safety inspection decal issued by an inspector certified by the commissioner, or
the vehicle carries (1) proof that the vehicle complies with federal motor vehicle inspection requirements for vehicles
in interstate commerce, and (2) a certificate of compliance with federal requirements issued by the commissioner
under subdivision 9."

Subd. 3. [PROOF OF COMPLIANCE WITH SELECTIVE SERVICE ACT.] Before issuing or
renewing a driver's license, instruction permit, or Minnesota identification card to a male who is between the ages
of 18 and 26 years, the department shall take all necessary steps to determine if the person (1) is required by the
Military Selective Service Act, United States Code, title 50 appendix, sections 451 through 471A, to register with
the United States selective service system, and (2) if so required, whether the person has so registered. If not so
registered, the department shall submit to the United States selective service system in electronic form the person's
name, date of birth, and residence address. An application for issuance or renewal of a driver's license, instruction
permit, or Minnesota identification card by a male who is between the ages of 18 and 26 and not registered with the
United States selective service system at the time of application constitutes consent to such submission. All forms
prepared by the department for applications for issuance or renewal of a driver's license, instruction permit, or
Minnesota identification card must contain a statement summarizing the provisions of this subdivision."

Page 53, line 2, after the first comma, insert "adult" and after "or" insert "adult"

Page 54, line 24, after the period, insert "All first-time applications and change of status applications must
be signed in the presence of the person authorized to accept the application, or the signature on the application may
be verified by a notary public. All applications requiring evidence of legal presence in the United States must be
signed in the presence of the person authorized to accept the application, or the signature on the application may be
verified by a notary public."

Page 58, delete line 1

Page 59, line 15, delete "or"

Page 59, line 16, delete "(iii)"

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6645

Page 61, after line 20, insert:

"Sec. 59. [INTENT.]

Nothing in section 7, subdivision 1a, paragraphs (a) and (c) through (i), and related repeals elsewhere in that
section, is intended to increase or decrease the scope or extent of any category of licensing authorized under
Minnesota Statutes, section 168.27."

Page 1, line 6, after the semicolon, insert "setting vehicle title fees;"

Page 1, line 7, after the semicolon, insert "modifying certain traffic regulations; requiring certain young males
to be registered with selective service system upon applying for driver's license, instruction permit, or identification
card; requiring proof of legal presence in this country to obtain driver's license, permit, or identification card;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on
Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 3342, A bill for an act relating to manufactured homes; prohibiting discrimination; proposing coding
for new law in Minnesota Statutes, chapter 327C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [327C.121] [TERMINATION; AGE OF HOME.]

A park owner is prohibited from recovering possession because of the age of the resident's home. This
prohibition shall not be construed to prohibit the park owner from enforcing reasonable rules solely to ensure
compliance with health, safety, maintenance, or building codes of the governmental jurisdictions in which the home
is located, or terminating the lease of a resident who fails to so comply.

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6646

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to housing; manufactured homes; prohibiting certain action based on age of resident's
home; proposing coding for new law in Minnesota Statutes, chapter 327C."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil
Law.

The report was adopted.

Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3435, A bill for an act relating to Hennepin county; providing for design-build contracts; proposing
coding for new law in Minnesota Statutes, chapter 383B.

Reported the same back with the following amendments:

Page 1, line 19, delete "two" and insert "three"

Page 1, line 20, delete "professionally licensed"

Page 1, line 21, delete "under chapter 326 and are" and after "employees" insert ", a
minimum of two members must be professionally licensed under chapter 326, and at least one must be or must have
been a commercial contractor"

Page 2, delete lines 33 to 36 and insert:

"Subd. 3. [RESTRICTION.] (a) The authority granted in sections 383B.158 to 383B.1586 shall be
to evaluate the effectiveness of the design-build process for county projects. The county shall select a sufficient
variety of projects to appropriately evaluate the process under varying circumstances, provided that no more than
five projects may be undertaken under this section."

Page 5, line 33, before "specifications" insert "minimum"

Page 6, line 15, delete the semicolon and insert a comma

Page 6, line 20, delete the second "construction" and insert "construction-related"

Page 6, line 21, after "costs" insert ", and all other costs of any kind"

Page 8, after line 9, insert:

"Sec. 8. [REPORT TO LEGISLATURE.]

Hennepin county must report to the legislature after the completion of up to five projects, but no later than
June 1, 2007, on its evaluation of the effectiveness of the design-build process as applied to the varying circumstances
of the projects."

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6647

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "requiring a report;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 3654, A bill for an act relating to education; providing that school districts need not comply with
mandates unless revenue to comply is identified; proposing coding for new law in Minnesota Statutes, chapter
123B.

The bill was read for the first time and referred to the Committee on Education Policy.

Dempsey and Jennings introduced:

H. F. No. 3655, A resolution Urging Congress to ensure replacement of Indian trust land in the event of a nuclear
incident at Prairie Island.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans
Affairs Policy.

Sertich and Bakk introduced:

H. F. No. 3656, A bill for an act relating to education; authorizing independent school district No. 696, Ely, to
waive the open enrollment deadline date.

The bill was read for the first time and referred to the Committee on Education Policy.

Mulder introduced:

H. F. No. 3657, A bill for an act relating to economic development; providing for a planning grant to the city of
Lake Benton for a visitor center and railroad depot; appropriating money.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6651

The bill was read for the first time and referred to the Committee on Taxes.

Gray introduced:

H. F. No. 3659, A bill for an act relating to baseball, Hennepin county, the metropolitan sports facilities
commission, and the city of Minneapolis; authorizing the county to finance construction of an open air
roof-ready baseball park; authorizing the county to levy and collect certain taxes; authorizing the county to issue
bonds and expend certain funds, including taxes, to finance the acquisition and betterment of a baseball park and
related facilities; authorizing a transfer of certain revenues related to the ballpark to the county; amending
Minnesota Statutes 2000, sections 297A.68, by adding a subdivision; 297A.71, by adding a subdivision; 473.553,
subdivision 2.

The bill was read for the first time and referred to the Committee on Taxes.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 1 nay
as follows:

Those who voted in the affirmative were:

Abeler

Dibble

Hilty

Leighton

Otremba

Solberg

Abrams

Dorman

Holberg

Lenczewski

Ozment

Stanek

Anderson, B.

Dorn

Holsten

Leppik

Paulsen

Stang

Anderson, I.

Eastlund

Howes

Lieder

Pawlenty

Swapinski

Bernardy

Entenza

Huntley

Lindner

Paymar

Swenson

Biernat

Erhardt

Jacobson

Lipman

Pelowski

Sykora

Bishop

Erickson

Jaros

Mahoney

Penas

Thompson

Blaine

Evans

Jennings

Mares

Peterson

Tingelstad

Boudreau

Folliard

Johnson, R.

Marko

Pugh

Tuma

Bradley

Fuller

Johnson, S.

Marquart

Rhodes

Vandeveer

Buesgens

Gerlach

Juhnke

McGuire

Rifenberg

Wagenius

Carlson

Gleason

Kahn

Milbert

Rukavina

Walker

Cassell

Goodno

Kalis

Molnau

Ruth

Walz

Clark, J.

Goodwin

Kelliher

Mulder

Schumacher

Wasiluk

Clark, K.

Greiling

Kielkucki

Mullery

Seagren

Westerberg

Daggett

Gunther

Knoblach

Murphy

Seifert

Westrom

Davids

Haas

Koskinen

Nornes

Sertich

Wilkin

Davnie

Hackbarth

Krinkie

Olson

Skoe

Winter

Dawkins

Harder

Kubly

Opatz

Skoglund

Wolf

Dehler

Hausman

Kuisle

Osskopp

Slawik

Workman

Dempsey

Hilstrom

Larson

Osthoff

Smith

Spk. Sviggum

Those who voted in the negative were:

Finseth

The bill was passed and its title agreed to.

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page
6655

H. F. No. 3274, A bill for an act relating to military; providing certain protections to persons called or
ordered to active service; proposing coding for new law in Minnesota Statutes, chapter 190.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays
as follows:

Those who voted in the affirmative were:

Abeler

Dorman

Hilty

Lenczewski

Ozment

Stang

Abrams

Dorn

Holberg

Leppik

Paulsen

Swapinski

Anderson, B.

Eastlund

Holsten

Lieder

Pawlenty

Swenson

Anderson, I.

Entenza

Howes

Lindner

Paymar

Sykora

Bernardy

Erhardt

Huntley

Lipman

Pelowski

Thompson

Biernat

Erickson

Jacobson

Mahoney

Penas

Tingelstad

Bishop

Evans

Jaros

Mares

Peterson

Tuma

Blaine

Finseth

Jennings

Mariani

Pugh

Vandeveer

Boudreau

Folliard

Johnson, R.

Marko

Rhodes

Wagenius

Bradley

Fuller

Johnson, S.

Marquart

Rifenberg

Walker

Buesgens

Gerlach

Juhnke

McGuire

Rukavina

Walz

Carlson

Gleason

Kahn

Milbert

Ruth

Wasiluk

Cassell

Goodno

Kalis

Molnau

Schumacher

Westerberg

Clark, J.

Goodwin

Kelliher

Mulder

Seagren

Westrom

Clark, K.

Gray

Kielkucki

Mullery

Seifert

Wilkin

Daggett

Greiling

Knoblach

Murphy

Sertich

Winter

Davids

Gunther

Koskinen

Nornes

Skoe

Wolf

Davnie

Haas

Krinkie

Olson

Skoglund

Workman

Dawkins

Hackbarth

Kubly

Opatz

Slawik

Spk. Sviggum

Dehler

Harder

Kuisle

Osskopp

Smith

Dempsey

Hausman

Larson

Osthoff

Solberg

Dibble

Hilstrom

Leighton

Otremba

Stanek

The bill was passed and its title agreed to.

H. F. No. 3344, A bill for an act relating to courts; authorizing a combined jurisdiction program in the
second and fourth judicial districts; proposing coding for new law in Minnesota Statutes, chapter 484.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 1 nay
as follows:

Those who voted in the affirmative were:

Abeler

Dorman

Hilty

Lenczewski

Ozment

Swapinski

Abrams

Dorn

Holberg

Leppik

Paulsen

Swenson

Anderson, B.

Eastlund

Holsten

Lieder

Pawlenty

Sykora

Anderson, I.

Entenza

Howes

Lindner

Pelowski

Thompson

Bernardy

Erhardt

Huntley

Lipman

Penas

Tingelstad

Biernat

Erickson

Jacobson

Mahoney

Peterson

Tuma

Bishop

Evans

Jaros

Mares

Pugh

Vandeveer

Blaine

Finseth

Jennings

Mariani

Rhodes

Wagenius

Boudreau

Folliard

Johnson, R.

Marko

Rifenberg

Walker

Bradley

Fuller

Johnson, S.

Marquart

Rukavina

Walz

Buesgens

Gerlach

Juhnke

McGuire

Ruth

Wasiluk

Carlson

Gleason

Kahn

Milbert

Schumacher

Westerberg

Cassell

Goodno

Kalis

Molnau

Seagren

Westrom

Clark, J.

Goodwin

Kelliher

Mulder

Seifert

Wilkin

Clark, K.

Gray

Kielkucki

Mullery

Sertich

Winter

Daggett

Greiling

Knoblach

Murphy

Skoe

Wolf

Davids

Gunther

Koskinen

Nornes

Skoglund

Workman

Davnie

Haas

Krinkie

Olson

Slawik

Spk. Sviggum

Dawkins

Hackbarth

Kubly

Opatz

Smith

Dehler

Harder

Kuisle

Osskopp

Solberg

Journal of the House - 76th Day - Thursday, February 28, 2002 - Top of Page 6656

Dempsey

Hausman

Larson

Osthoff

Stanek

Dibble

Hilstrom

Leighton

Otremba

Stang

Those who voted in the negative were:

Paymar

The bill was passed and its title agreed to.

H. F. No. 2629, which was temporarily laid over earlier today on the Consent Calendar, was again reported
to the House.